类别：David J. O. Tuhusula 日期：31/08/2022
In law terms, a legal document would refer to a document with the capability to present, transfer, limit, charge, or terminate a right, a title, or an interest in the property (whether movable or immovable). A legal document could also refer to a letter indicating that a legal proceeding can and may be brought against the person to whom it’s addressed or any other person who violates certain rules.
Drafting a legal document means producing a concrete and concise document to achieve a particular legal purpose. Whereas reviewing a legal document would refer to receiving, reading, and analyzing a legal document to understand the issues in a case better, so later they can then identify the key points of what’s meant to be conveyed within the presented document.
Depending on the entity that produced the legal document, the subject that the legal document is being addressed, and what kind of case is currently ongoing, it can be said that no legal documents are the same one and the other.
Undang-undang No. 12/2011 tentang Pembentukan Undang-undang
Perma No. 1/2016 tentang Prosedur Mediasi di Pengadilan
A document can be classified as having a legal effect (or legally binding) if it contains an agreement between 2 (or more) parties.
The kind of object(s) being agreed upon by the parties is, relatively speaking, left to each party’s judgment. However, it can be accepted and considered legally binding if the agreement between the parties is done freely (none of the parties being pressured to agree, internally and/or externally) and the agreement was done with good intentions (no fraudulent behavior).
There are no legal requirements that a legal document must be drafted/produced by a licensed legal professional.
Usually, the most optimal is for the person with interest to decide for themselves which contract best suits their needs and to decide what information to provide on the various inquiries while preparing their document. A licensed legal professional can later check this information (or document should they prepare it themselves) for clarity (or later be authorized, signed, and sealed, should it take the form of a deed).
If the legal document takes the form of a deed, it should be taken to a Public Notary.
Joint liability is a form of liability designation where all liable parties are equally and personally liable for the obligations of judgment, loan, debt, or any other kind of liabilities. It means that should one party become unable to pay their portion of the obligation. The other liable party is responsible for that portion and their own portion.
Conversely, severally liable means that each party involved is only responsible for their respective portion of the obligation.
In joint and several liabilities, an obligation may be pursued against any one party as if they were jointly liable. It becomes the defendants’ responsibility to sort out their respective proportions of liability and payment.
In legal documents, especially ones containing agreements, there would be many mentions that the parties would obey ‘the governing law’ should a dispute happen.
This phrase, in particular, would translate that the legal document is governed by the existing law where the parties’ actions are performed. For example, if the agreement were made in Indonesia, then it would be governed by the existing laws in Indonesia.
Most documents and contracts do NOT require a witness to be legally valid. However, some documents, such as a Will or a deed, can have regulated requirements related to witnesses.
Additionally, some institutions may also have their policies about signing requirements and may refuse to accept documents that are not notarized regardless of their legal sufficiency.
Generally speaking, parties allowed to be the witnesses of a legal document should have no financial or other interest in the content of the legal document, meaning that a neutral third party would be the best choice.
A neutral third party means that they have no interest and do not benefit from the content of the legal document.
The ‘best’ way is rather abstract, relying entirely on the parties’ preferences. However, strictly speaking for Indonesia, generally, when a dispute happens, then it would be proposed for a mediation to be held first.
The purpose of mediation is to find out the opposing party’s views to achieve the possibility of joint dispute resolution and seek the best solution that is acceptable to both parties. The party who helps mediate a dispute is the mediator.
If mediation has been held, but the parties have yet to reach an agreement closure, then the dispute continues to the court.
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